This is a compilation of the Motor Vehicle Standards Act 1989 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

(1) Without prejudice to its effect apart from this section, this Act also has, by force of this section, the effect it would have if the references in sections 12, 13G, 14 and 16 to a person were, by express provision, confined to a corporation.

Administrator means the Administrator of Vehicle Standards referred to in section 22.

Australia does not include:

(aa) Norfolk Island; or

(a) the Territory of Christmas Island; or

(b) the Territory of Cocos (Keeling) Islands.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.

component includes an assembly.

corporation means:

(a) a foreign corporation within the meaning of paragraph 51(xx) of the Constitution; or

(b) a trading or financial corporation formed within the limits of the Commonwealth, within the meaning of that paragraph; or

(c) a corporation that is controlled by a corporation referred to in paragraph (a) or (b);

and includes a partnership at least one of the partners in which is a corporation.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

export vehicle means a locally made vehicle that is to be exported from Australia without having been used in transport in Australia.

identification plate means a plate declaring the status of a road vehicle in relation to the national standards and approved to be placed on vehicles of that type or description under procedures and arrangements provided for in subsection 10(1).

import, in relation to a road vehicle or vehicle component, means do an act which constitutes importation of the vehicle or component for the purposes of the Customs Act 1901.

imported vehicle means a road vehicle imported on or after 1 July 1989.

locally made vehicle means a road vehicle in whose manufacture at least the last step was carried out in Australia, but does not include a road vehicle (if any) in whose manufacture none of the steps was carried out in Australia by a corporation.

manufacture, in relation to a road vehicle, includes modify the vehicle and assemble the vehicle.

motor vehicle means a vehicle that uses, or is designed to use, volatile spirit, gas, oil, electricity or any other power (not being human or animal power) as the principal means of propulsion, but does not include a vehicle used on a railway or tramway.

national standard means a vehicle standard determined under section 7.

new imported vehicle means an imported vehicle that has not been used in transport outside Australia.

new vehicle means a locally made vehicle, or a new imported vehicle, that has been neither:

(a) supplied to the market; nor

(b) used in transport in Australia by its manufacturer or importer;

and includes a locally made vehicle, or a new imported vehicle, that has been supplied to the market but not yet used in transport in Australia.

nonstandard, in relation to a road vehicle or a vehicle component, means not complying with the national standards and not taken to comply with the national standards by virtue of an approval given under subsection 10A(2).

placement, in relation to an identification plate, includes the engraving, or other like process, of information that would otherwise be contained on the plate.

plate includes mark.

premises includes:

(a) a structure, building, aircraft, vehicle or vessel; and

(b) land or a place (whether enclosed or built upon or not); and

(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

registered automotive workshop means a corporation in respect of which an approval is in force under section 21B.

road motor vehicle means:

(a) a motor vehicle designed solely or principally for the transport on public roads of people, animals or goods; or

(b) a motor vehicle that is permitted to be used on public roads.

road trailer means:

(a) a vehicle without motive power designed for attachment to a road motor vehicle; or

(b) a piece of machinery or equipment that is equipped with wheels and designed to be towed behind a road motor vehicle.

road vehicle means:

(a) a road motor vehicle; or

(b) a road trailer; or

(c) a partly completed road motor vehicle;

but does not include vehicles which the Minister has determined, under section 5B, are not road vehicles.

standard vehicle means a new vehicle that complies with the national standards, or which is taken to comply with the national standards by virtue of an approval given under subsection 10A(2), but does not include an export vehicle.

supply to the market, in relation to a road vehicle, means deliver the vehicle to a person for use in transport in Australia.

use means:

(a) in relation to a road motor vehicle—drive; or

(b) in relation to a road trailer—have attached to, or towed by, a road motor vehicle that is being driven.

used import plate, in relation to a used imported vehicle, means a plate approved to be placed on the vehicle by an approval in force under section 13D.

used imported vehicle means an imported vehicle that has been used in transport outside Australia.

use in transport, in relation to a road vehicle, means use the vehicle on a public road otherwise than:

(a) to move it in order to:

(i) have work done on it; or

(ii) have it registered under a law; or

(iii) protect it; or

(b) for a prescribed purpose.

vehicle component means a component to be used in the manufacture of a road vehicle, and includes a component of such a component.

vehicle standard means a standard for road vehicles or vehicle components that is designed to:

(a) make road vehicles safe to use; or

(b) control the emission of gas, particles or noise from road vehicles; or

(1) The Minister may, by legislative instrument, determine that vehicles of a particular class or description are not road vehicles for the purposes of this Act or of a specified provision of this Act.

(2) The Minister may declare, in writing, that a vehicle is not a road vehicle for the purposes of this Act or of a specified provision of this Act.

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Note: Part 4 of Chapter 3 of the Legislation Act 2003, which deals with sunsetting of legislative instruments, does not apply to a determination under this section (see regulations made for the purposes of subsection 54(2) of that Act).

In determining vehicle standards, the Minister may incorporate documents that set out standards:

(a) produced by the Economic Commission for Europe, the International Electrotechnical Commission, the International Organization for Standardization or Standards Australia or by any other organisation that is determined, by legislative instrument, by the Minister; and

The Minister may, by legislative instrument, determine procedures and arrangements for determining whether road vehicles or vehicle components comply with this Act, being procedures relating to:

(a) the testing and inspection of road vehicles or vehicle components; or

(b) the inspection of steps in the manufacture of road vehicles or vehicle components; or

(ba) the testing and inspection of materials, machinery, appliances, articles or facilities used in the manufacture of road vehicles or vehicle components; or

(c) the operation of facilities used in the carrying out of any testing and inspection referred to in paragraph (a), (b) or (ba) and the assessment of those facilities by inspectors appointed under section 25; or

(d) the keeping of records relating to the manufacture, testing or inspection of road vehicles or vehicle components and the examination of those records by inspectors appointed under section 25.

Note: Part 4 of Chapter 3 of the Legislation Act 2003, which deals with sunsetting of legislative instruments, does not apply to a determination under this section (see regulations made for the purposes of subsection 54(2) of that Act).

(1) The Minister may determine, from time to time, procedures and arrangements for the placement of plates on road vehicles or vehicle components if approval has been given under subsection 10A(1), (2) or (3) for plates to be placed on the vehicles or vehicle components.

(2) Without limiting the generality of subsection (1), the Minister may determine procedures and arrangements in relation to identification plates, including procedures and arrangements with respect to:

(a) the categories of identification plates to be utilised; and

(b) the content, form and function of identification plates; and

(c) the nature, content, sources and format of evidence to be presented to establish whether, and to what extent, a road vehicle or vehicle component complies with the national standards; and

(d) the analysis, verification and supplementation of such evidence; and

(e) the manner in which partly completed road vehicles are to be provided for; and

(f) the manufacture and supply of identification plates; and

(g) the placement of identification plates; and

(h) the retention of records and information relevant to applications for, and the giving of, approvals under section 10A.

(1) If new vehicles of a particular type, or vehicle components of a particular type, comply with the national standards, the Minister must give written approval for identification plates to be placed on vehicles or components of that type.

(2) If:

(a) new vehicles of a particular type, or vehicle components of a particular type, do not comply with the national standards; but

(b) the Minister is satisfied that such noncompliance is only in minor and inconsequential respects;

the Minister may give written approval for identification plates to be placed on vehicles or components of that type.

(3) If:

(a) new vehicles of a particular type:

(i) are covered by an entry in the Register referred to in section 21; or

(ii) are prescribed by the regulations for the purposes of this subparagraph; and

(b) the vehicles of that type do not comply with the national standards; and

(c) the Minister is satisfied that the non‑compliance is not only in minor and inconsequential respects; and

(d) the Minister is satisfied that the vehicles of that type comply with the national standards to an extent that makes them suitable for supply to the market;

the Minister may give written approval for identification plates to be placed on vehicles of that type.

(4) An approval under subsection (1), (2) or (3) may be subject to written conditions determined by the Minister.

(5) In relation to an approval under subsection (3), those conditions may include a condition that the holder not place more than a specified number of identification plates on a specified class of vehicles during a specified period.

(6) If:

(a) the holder of an approval under subsection (1), (2) or (3) intentionally takes an action or omits to take an action; and

(b) the action or omission contravenes a condition of the approval; and

(c) the holder knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition;

the holder commits an offence punishable, on conviction, by a fine not exceeding 60 penalty units.

(a) a person is approved under this Act to place identification plates on road vehicles of a type specified in the approval; and

(b) the Minister is satisfied:

(i) that the person has placed an identification plate on a road vehicle or any other vehicle otherwise than in accordance with arrangements of the kind referred to in section 10; or

(ii) that the person has made a false statement for the purpose of avoiding liability for fees payable under this Act or the regulations in relation to the placing of identification plates; or

(iii) that the person has failed, without reasonable excuse, to pay fees payable under this Act or the regulations in relation to the placing of identification plates; or

(iv) that the person has failed to observe procedures determined under section 9; or

(v) that the person has failed to comply with a condition to which his or her approval is subject under subsection 10A(4);

the Minister may, having regard to all the relevant circumstances, cancel, suspend or vary the person’s approval to place identification plates on road vehicles of that type.

(2) Before making a decision under subsection (1), the Minister is to:

(a) give written notice to the person of the facts and circumstances that, in the opinion of the Minister, warrant consideration being given to the cancellation, suspension or variation of the approval; and

(b) allow the person to show cause, within such reasonable time as is specified in the notice, why the approval should not be cancelled, suspended or varied.

(3) The Minister is to give written notice of a decision under subsection (1) and the grounds for the decision to the person, and the decision takes effect from the date the notice is given.

For the purposes of sections 17, 18, 19 and 20, a road vehicle is to be taken to have an identification plate if approval to place the plate on the vehicle has been given in accordance with procedures and arrangements determined under section 10.

(1) The Minister may, by writing, grant a registered automotive workshop an approval to place a plate on a used imported vehicle if, having regard to a report in relation to the vehicle that is given to the Minister by the workshop, the Minister is satisfied that it is appropriate to grant the approval.

Determinations

(2) A report referred to in subsection (1) must be in such form, and contain such information, as is determined, by legislative instrument, by the Minister.

(3) The Minister must, by legislative instrument, determine guidelines that apply to the making of decisions under subsection (1). The Minister must comply with these guidelines in making such decisions.

Approval a matter of public record

(4) An approval under subsection (1) must specify that it is a matter of public record.

Conditions of approval

(5) An approval under subsection (1) is subject to any conditions specified in the approval.

Breach of conditions

(6) The holder of an approval under subsection (1) commits an offence if:

(a) the holder intentionally takes an action or omits to take an action; and

(b) the action or omission contravenes a condition of the approval; and

(c) the holder knows that the action or omission contravenes the condition or is reckless as to whether or not the action or omission contravenes the condition.

Penalty: 60 penalty units.

Refusal

(7) If the Minister refuses to grant the approval, the Minister must give written notice of the refusal to the workshop. The notice must include a statement of the reasons why the approval was refused.

The regulations may provide that the number of used import plates that a registered automotive workshop may be approved, under subsection 13D(1), to place on used imported vehicles of a specified class during a specified period must not exceed a specified number.

(a) manufactures or supplies a device purporting to be a used import plate and the person has not been authorised under an agreement between the Commonwealth and the person to manufacture and supply used import plates; or

(b) places a device purporting to be a used import plate on a road vehicle; or

(c) places a used import plate on a road vehicle in relation to which no approval for the placement of that plate on that vehicle is in force.

(1) An authority to deal with an imported road vehicle under the Customs Act 1901 is subject to the condition that an approval under this section for the importer to take delivery of the vehicle is given by the Minister or an officer of the Department authorised in writing by the Minister to give approvals under this section.

(2) An approval under this section must be granted if the importer produces to the Minister or to such an officer:

(a) if the vehicle has an identification plate—details of the plate; or

(b) in any other case—a copy of the approval under section 19, or under regulations referred to in subsection 20(3), in respect of the vehicle.

(1) A person may import a nonstandard road vehicle, a road vehicle that does not have an identification plate or a nonstandard prescribed vehicle component with the written approval of the Minister, which may be approval subject to written conditions determined by the Minister.

(2) A person commits an offence if:

(a) the Minister grants an approval to the person under subsection (1) subject to conditions; and

(b) the person engages in conduct; and

(c) the person’s conduct results in the contravention of a condition of that approval.

(1) A person may import a nonstandard road vehicle or a road vehicle that does not have an identification plate:

(a) where the vehicle is to be exported from Australia (with or without further work being done on it) without having been used in transport in Australia; or

(b) in prescribed circumstances.

(2) A person may import a nonstandard prescribed vehicle component:

(a) where it is to be used in the manufacture of an export vehicle; or

(b) in prescribed circumstances.

(3) Regulations for the purposes of paragraph (1)(b) or (2)(b) may provide for the importation, whether generally or in specified circumstances, of a road vehicle, or a vehicle component, as the case may be:

(a) with the written approval of the Minister; or

(b) with such approval subject to written conditions determined by the Minister.

(3A) The regulations may provide that the number of used vehicles of a specified class that a specified person may be approved to import during a specified period must not exceed a specified number.

(3B) For the purposes of subsection (3A), used vehicle means a road vehicle that has been used in transport outside Australia.

(4) A person commits an offence if:

(a) an approval granted to the person under regulations for the purposes of paragraph (1)(b) or (2)(b) is subject to conditions as mentioned in paragraph (3)(b); and

(b) the person engages in conduct; and

(c) the person’s conduct results in the contravention of a condition of that approval.

(1) The Minister may, by writing, approve a corporation (the applicant) as a registered automotive workshop if the Minister is satisfied that:

(a) the applicant is a fit and proper person; and

(b) each of the directors, and each officer or shareholder who is in a position to influence the management of the applicant, is a fit and proper person; and

(c) any other criteria prescribed by the regulations are met.

(2) The Minister may, by legislative instrument, determine guidelines that the Minister may have regard to when deciding whether the criteria in paragraphs (1)(a) and (b) are satisfied.

(3) The criteria prescribed by the regulations for the purposes of paragraph (1)(c) may relate to:

(a) the relationship between the applicant and one or more other corporations; or

(b) the relationship one or more persons have with the applicant and one or more other corporations.

(4) Subsection (3) does not limit paragraph (1)(c).

Refusal

(6) If the Minister refuses to grant the approval, the Minister must give written notice of the refusal to the applicant. The notice must include a statement of the reasons why the approval was refused.

(1) The regulations may prescribe fees, or a method of calculating fees, to be paid to the Commonwealth in respect of:

(a) the placing, or approval of the placing, of identification plates, including the carrying out of tests to find out whether a road vehicle should have an identification plate or whether a road vehicle or road vehicles of a particular type should continue to have identification plates; or

(b) applications under section 13A, 13C, 14A, 15 or 16 for an approval; or

(c) applications for approval to import a road vehicle or a vehicle component under section 19; or

(d) applications for approval to import a road vehicle or a vehicle component under regulations referred to in subsection 20(3); or

(da) applications under section 21A for an approval, applications under section 21C to renew an approval or applications under section 21E to vary an approval; or

(e) the supply of copies of the national standards in force from time to time; or

(f) the provision of other services, or the supply of other documents or goods, by the Commonwealth under this Act or the regulations.

(2) Prescribed fees are due and payable in such manner and at such time or times as are prescribed.

(3) Where a fee that is required to be paid at the time of making an application or request is not so paid, the application or request is not to be taken to have been duly made.

(4) A prescribed fee is not to be such as to amount to taxation.

(5) The regulations may make provision for and in relation to the refund of any fees paid under this section in respect of an application under section 21A.

(1) The Minister may, in writing,appoint a person engaged under the Public Service Act 1999 to be an inspector.

(2) Arrangements may be made under section 71 of the Public Service Act 1999 for officers of the Public Service of a State or Territory or of an authority of a State or Territory to perform the functions or exercise the powers of inspectors.

(3) The Minister may, by notice published in the Gazette, give directions specifying the manner in which, and any conditions and qualifications subject to which, functions or powers given to inspectors are to be performed or exercised.

(4) An inspector must comply with directions given under subsection (3).

(1) Subject to subsection (4), an inspector may, for the purpose of finding out whether the requirements of this Act, the regulations, procedures determined under section 9, or determinations under section 7, 10 or 13B, are being, or have been, met, enter any premises at any time during ordinary working hours or at any other time at which it is necessary to do so for that purpose, and exercise the powers of an inspector under this section.

(2) The powers of an inspector under this section in relation to premises are:

(a) to inspect any step in the manufacture of a road vehicle or a vehicle component; and

(b) to inspect any work, material, machinery, appliance, article or facility that relates to the manufacture or testing of a road vehicle or a vehicle component; and

(c) to take and retain samples of any goods or substance used in the manufacture or testing of a road vehicle or a vehicle component; and

(d) to inspect documents relating to the manufacture or testing of a road vehicle or a vehicle component; and

(e) to make copies of, or take extracts from, such a document.

(3) An inspector has no powers under this section in relation to export vehicles or vehicle components to be used in the manufacture of export vehicles.

(4) An inspector must not enter premises under subsection (1) unless:

(a) the occupier has consented; or

(b) the inspector is authorised to enter under a warrant issued under section 28.

(5) Immediately upon entering premises under subsection (1) an inspector must take all reasonable steps to notify the occupier of the purpose of the entry and must produce the inspector’s identity card for inspection by the occupier.

(1) If, on an application made by an inspector, a Magistrate is satisfied, by information on oath, that it is reasonably necessary that the inspector should, for the purposes of finding out whether the requirements of this Act, the regulations, procedures determined under section 9, or determinations under section 7, 10 or 13B, are being, or have been, met, have access to premises, the Magistrate may issue a warrant naming the inspector and authorising him or her, with such assistance, and by such force, as is necessary and reasonable:

(a) to enter the premises; and

(b) to exercise those powers in relation to the premises.

(2) The warrant must state:

(a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(b) a day, not being later than 6 months after the day of issue of the warrant, upon which the warrant ceases to have effect.

(1) Subject to subsection (2), an inspector who has entered premises under section 27 may, to the extent that it is reasonably necessary for the purpose of finding out whether this Act, the regulations, procedures determined under section 9, or determinations under section 7, 10 or 13B have, been complied with, require a person to answer any question put by the inspector and to produce any books, records or documents requested by the inspector.

(2) An inspector is not entitled to make a requirement of a person under subsection (1) unless the inspector produces his or her identity card for inspection by the person.

(1) Where an inspector has reasonable grounds for suspecting that there is, or may be within the next 72 hours, on any premises a particular thing that may afford evidence as to the commission of an offence against this Act, the inspector may:

(a) with the consent of the occupier of the land or premises; or

(b) under a warrant issued under subsection (2);

enter the premises, and:

(c) search the premises for the thing; and

(d) if the inspector finds the thing on the premises—seize the thing.

(2) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be on any premises a particular thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the form prescribed for the purposes of this subsection authorising an inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs (1)(c) and (d) in respect of the thing.

(3) A Magistrate must not issue a warrant under subsection (2) unless:

(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(4) A warrant issued under subsection (2) must state:

(a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised; and

(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and

(c) a description of the kind of documents, substances, equipment or things to be seized; and

(d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.

(5) If, in the course of searching, under a warrant issued under this section, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes, on reasonable grounds, to be:

(a) a thing that will afford evidence as to the commission of the offence, although not the thing specified in the warrant; or

(b) a thing that will afford evidence as to the commission of another offence under this Act or the regulations;

and the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant is to be taken to authorise the inspector to seize that thing.

(6) Where an inspector seizes any thing under subsection (1) or (5), the inspector may retain the thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are completed.

(7) The Minister may authorise any thing seized under subsection (1) or (5) to be released to the owner, or to the person from whom the thing was seized, either unconditionally or on such conditions as the Minister thinks fit.

(1) The Minister or a person authorised in writing by the Minister to give certificates under this section may, for the purposes of proceedings for an offence against section 14, 15, 16 or 19, give a certificate stating that conditions specified in the certificate were the conditions to which the Minister’s written approval under section 14, 15, 16 or 19, as the case may be, was subject.

(2) A certificate given under subsection (1) is prima facie evidence of the matter stated in the certificate.

(3) In proceedings for an offence against section 14, 15, 16 or 19, a document purporting to be a certificate given under this section, unless the contrary intention is proved, is to be taken to be such a certificate and to have been duly given.

(1) Where a person has engaged, is engaging or is proposing to engage, in any conduct that constituted or would constitute a contravention of this Act or the regulations, the Federal Court may, on the application of the Minister or any other person, grant an injunction restraining the person from engaging in the conduct and, if in the court’s opinion it is desirable to do so, requiring the person to do any act or thing.

(2) Where:

(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and

(b) the refusal or failure was, is, or would be a contravention of this Act or the regulations;

the Federal Court may, on the application of the Minister or any other person, grant an injunction requiring the first‑mentioned person to do that act or thing.

(3) Where an application is made to the court for an injunction under this section, the court may, if in the court’s opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in that subsection pending the determination of the application.

(4) The court may discharge or vary an injunction granted under this section.

(5) The power of the court to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:

(a) if the court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or

(b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person engages in conduct of that kind.

(6) The power of the court to grant an injunction requiring a person to do a particular act or thing may be exercised:

(a) if the court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or

(b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do that act or thing.

(7) Where the Minister makes an application to the court for the grant of an injunction under this section, the court is not to require the Minister or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.

(8) The powers conferred on the court under this section are in addition to, and not in derogation of, any powers of the court, whether conferred by this Act or otherwise.

(1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, employee or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and

(b) that the employee or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate by an employee or agent of the person within the scope of his or her actual or apparent authority is to be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(7) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

(8) A reference in this section to an offence against this Act includes a reference to:

(a) an offence created by the regulations; and

(b) an offence created by section 6 of the Crimes Act 1914, being an offence that relates to the regulations; and

(c) an offence created by Part 2.4 of the Criminal Code, being an offence that relates to the regulations.

(1) Where a law of a State purports to require new vehicles to comply with vehicle standards other than the national standards, the regulations may provide that that law is not to apply to:

(a) road vehicles to be used exclusively in trade, commerce and intercourse among the States or between a State and a Territory; or

(b) road vehicles owned or to be used by corporations.

(2) Where a law of a Territory purports to require new vehicles to comply with vehicle standards other than the national standards, the regulations may provide that that law is not to apply to road vehicles.

(1) Where the Minister makes a decision of a kind referred to in subsection 39(1) and gives to a person whose interests are affected by the decision notice in writing of the decision, that notice is to include a statement to the effect that:

(a) subject to the Administrative Appeals Tribunal Act 1975, application may be made by or on behalf of that person to the Administrative Appeals Tribunal for review of that decision; and

(b) except where subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the reasons for the decision.

(2) Any contravention of subsection (1) in relation to a decision does not affect the validity of the decision.

For the purpose of sections 106 and 122 (other than subsection 106(7)) of the Australian Consumer Law, a national standard (including a standard designed for a purpose referred to in paragraph (b) or (c) of the definition of vehicle standard in section 5 of this Act) is to be taken to be a safety standard (within the meaning of the Australian Consumer Law).

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

(a) The Motor Vehicle Standards Act 1989 was amended by Part 10 (sections 27–37) only of the Transport and Communications Legislation Amendment Act (No. 2) 1989, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Motor Vehicle Standards Act 1989 was amended by Part 7 (sections 25–30) only of the Transport and Communications Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(c) The Transport and Communications Legislation Amendment Act 1990 was amended by Part 11 (sections 54 and 55) only of the Transport and Communications Legislation Amendment Act (No. 2) 1992, subsection 2(9) of which provides as follows:

(9) Part 11 is taken to have commenced immediately after the commencement of section 26 of the Transport and Communications Legislation Amendment Act 1990.

Section 26 of the Transport and Communications Legislation Amendment Act 1990 commenced on 21 January 1991.

(d) The Motor Vehicle Standards Act 1989 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act commence on 1 July 1992.

(e) The Motor Vehicle Standards Act 1989 was amended by the Transport Legislation Amendment Act 1995, subsections 2(1), (5) and (9) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(5) Subject to subsection (9), items 1, 4, 5, 14 and 15 of Part G of Schedule 1 commence on a day or days to be fixed by Proclamation.

(9) If items 1, 4, 5, 14 and 15 of Part G of Schedule 1, or any of them, do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

(f) The Transport Legislation Amendment Act 1995 was amended by Schedule 3 (item 125) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.

(g) The Motor Vehicle Standards Act 1989 was amended by Schedule 2 (item 74) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Item 74 is taken to have commenced immediately after the commencement of item 21 of Part G of Schedule 1 to the Transport Legislation Amendment Act 1995.

Item 21 of Part G of Schedule 1 to the Transport Legislation Amendment Act 1995 commenced on 27 July 1995.

(h) The Motor Vehicle Standards Act 1989 was amended by Schedule 1 (items 617–619) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.